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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13317
Experience:  Solicitor
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I am British man aged 60. I was born in 1951 and lived for

Resolved Question:

I am British man aged 60. I was born in 1951 and lived for 55 years in the UK working for the Police Service for 30 of those years, retiring in 2003. 5 years ago I moved to Spain but have not taken up Spanish residency. I still pay UK tax on all my income but do not pay any National Insurance contributions. I have recently been diagnosed with prostrate cancer in Spain but they have refused me any treatment under my current residency status. They stated that as I still pay UK tax on my income my treatment would have to come via the UK Health Authority. I am staying with friends in the Windsor area and have been informed by their GP that I am not eligible for treatment in the UK as I have not been resident here for 6 months or more. As you can imagine I am absolutely desperate to get treatment for my condition as soon as possible and I am being turned away by Spain and my home country UK. I just do not know what to do next. I would really appreciate your help ASAP.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
To be eligible for NHS treatment you have to be entitled to be here( which as a British citizen you are ) and ordinarily resident here. If you do not have a home here and have not been here then you are not ordinarily resident I am afraid. I would be fairly certain that Spain is in breach of EU law in refusing you treatment under their system as you were clearly resident there and EU law does not require you to seek a residence permit. It is not necessary for an EU national to come here for example. You can get a residence permit and it is useful not least to show entitlement to medical treatment but it is not legally required. If you maintained a home here the position might be different.

It is probably no help to know you probably do not need to pay tax on your income in the Uk if you are resident in spain.

Clearly you need to obtain treatment urgently and my best suggestion is either go straight to a hospital. Emergency treatment is free for everyone rather than the GP - they are often less concerned about residence or try and make a huge fuss. Contact the local MP and the newspapers . Failed Asylum seekers can get free medical treatment so why should not a british tax payer?!
Senior Partner, Solicitor
Satisfied Customers: 13317
Experience: Solicitor
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